In Georgia if a police officer finds that you have illegal drugs, you will be charged with drug possession even if you weren’t actually holding the drugs in your hand. You will be considered to be the owner of drugs found in your pockets or clothing, car or home, or any place over which you exercise control. If an officer finds drugs in your briefcase or purse, you would be considered in possession of those drugs. You may also be charged with drug possession if police find the materials to manufacture a drug or the equipment to consume it. When you are found with a certain amount of drugs or you are caught selling drugs or if an officer finds you with a scale, or even wads of cash in some circumstances, you will be charged with possession of drugs with intent to distribute. It is a much more serious charge than simple drug possession. You must immediately contact a seasoned Liberty County, Georgia drug defense law firm. The amount of drugs needed for this charge depends on the drug involved. If you are caught trying to sell drugs to minors, the penalties are more severe.
Whereas a DUI offense involving drugs may be prosecuted by the State although if the drugs are prescribed by a physician, special laws apply to DUI-contraband charges. These cases involve illegal substances such as marijuana, cocaine, heroine, etc. in the person’s blood system. The DUI offense in Liberty County, Georgia is based upon driving while having an unlawful substance in your blood system. Even though this issue is currently on appeal, the prosecutor is not currently required to demonstrate impairment due to the illegal contraband drugs in your system. Simple evidence of the presence of a contraband substance or its “metabolites” is sufficient to render a conviction. But, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the State should demonstrate that the individual was rendered incapable of driving safely as a result of using the marijuana.
————————-Savannah GA DUI Lawyer – Georgia Criminal Defense Attorney
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